Our Legal Heritage by S. A. Reilly
page 273 of 410 (66%)
page 273 of 410 (66%)
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vicious was made a more serious offense than general damage by
any dog. A person starting a fire was given a duty to prevent the fire from damaging property of others. These new forms of action came to be known as assumpsit, which provided damages for breach of an oral agreement and a written agreement without a seal, or trespass on the case, which did not require the element of force of the trespass offense. Decisions of the common law courts are appealable to Parliament, which can change the common law by statute. No attorney may practice law and also be a justice of assize. Champerty [an outsider supporting or maintaining litigation in which there is an agreement for him to share in the award] is forbidden because court officials have maintained and defended a party which has resulted in another party being cheated out of his land. Whereas it is contained in the Magna Carta that none shall be imprisoned nor put out of his freehold, nor of his franchises nor free custom, unless it be by the law of the land; it is established that from henceforth none shall be taken by petition or suggestion made to the King unless by indictment of good and lawful people of the same neighborhood where such deeds be done, in due manner, or by process made by writ original at the common law; nor that none be out of his franchise, nor of his freeholds, unless he be duly brought into answer and forejudges of the same by the course of law. (forerunner of indictment grand juries and trial juries for criminal cases) |
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